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M-042908CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 29, 2008 A special meeting of the Santa Monica City Council was called to order by Mayor Katz at 5:58 p.m., on Tuesday, Apri129, 2008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Herb Katz Mayor Pro Tem Richard Bloom Councilmember Ken Genser Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Bobby Shriver Absent: Councilmember Robert T. Holbrook Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Mazia M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:58 p.m., with Councilmember Holbrook absent. City Clerk Mazia M. Stewart led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS: On order of the Mayor, the City Council recessed to consider closed sessions and reconvened at 7:05 p.m., with Councilmember Holbrook absent, to report the following: 2-A: Conference with Legal Counsel -Existing Litigation: Friends of the Earth v. Watson, Case No. C 02 01406 (N. D. Cal.) (global warming litigation). ACTION: Not Heazd. 2-B: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08 ACTION: Heard. No reportable action taken 2-C: Anticipated Litigation: Anticipate significant exposure to April 29, 2008 litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not Heard. 2-D: Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(b): 2300 Wilshire Boulevard. ACTION: Not Heard. 2-E: Conference with Legal Counsel -Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. S129448. ACTION: Heard. No reportable action taken. ADMIN. ITEMS: 6-A: Appeal of Landmarks Commission technical denial of 2617 3'~ STREET APPEALCertificate of Appropriateness for an addition to a non- contributing structure at 2617 3rd Street -recommendation to uphold appeal and approve Certificate of Appropriateness application for 1,213 square foot addition to anon-contributing structure based on proposed draft findings, as continued from Apri122, was presented. On order of the Mayor, with the public hearing having been closed on Apri122, 2008, the matter was before the Council. Considerable discussion ensued on the merits of the project and on the comments received from members of the public during the public hearing. Motion b~yor Katz, seconded by Mayor Pro Tem Bloom, to remand the project to the Landmarks Commission with suggested issues for discussion and consideration by the Commission including but not limited to changing the flat roof to a pitched roof, changing the exterior dark grey stucco color, re-doing the stain or paint on the redwood siding, changing window frames and enclosing the patio, a more modest conformity, and taking into consideration the comments of all council members. The motion was approved by the following vote: 2 Apri129, 2008 AYES: Councilmembers O'Connor, Shriver, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmembers McKeown, Genser ABSENT: Councilmember Holbrook STAFF ITEMS: LUCE; CIRCULATION ELEMENT; TRANSPOR- TATION; ECONOMIC & HOUSING PRINCIPLES Councilmember McKeown stated, for the record that his "no" vote reflects a belief that a fresh start with a new and substantially different application would have given the owner, the neighbors, and the whole city a better chance and a new beginning and an improved focus on compatibility. Motion by Mayor Pro Tem Bloom, seconded by Councilmember O'Connor, to direct staff to return with suggestions on how the type of conflict exhibited during the hearing for this project can be ameliorated. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 8-A: Integrating Sustainable Santa Monica Principles into the Land Use and Circulation Element Update: Transportation, Economic and Housing Principles -recommendation that the City Council endorse Transportation, Economic and Housing strategies fox incorporation into the Land Use and Circulation Element Concept Plan, was presented. The following members of the public spoke to various aspects of the recommendation: Joey Fullmer, Jim Ries, Gwynne Pugh, Russell Sydney, Gary Gordon, Jerry Rubin, David Latham, Mihai Peters, Jon Luskin, John Bohn, Tom Larmore, Melissa Dagodag, Misti Kerns, Catherine Eldridge, Arthur Harris, and Tighe Barry. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to approve staff recommendation. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. HOUSING ELEMENT 8-B: Review of Housing Element -recommendation for Council to review and provide direction on the draft 2008-2014 Housing Element, as modified, prior to the draft's submittal to the State Department of Housing and Community Development, was presented. The following members of the public spoke generally in favor of more affordable housing, made suggestions and presented opinions: Patricia Hoffman, Marilyn Korade-Wilson, Betty Mueller, Genise Schnitman, Michael Tarbet, George Sage, Richard Hilton, Todd Friedman, Billie Apri129, 2008 Beach, David Neal, Franca Maria Paganucci, Purlene Higgins, Denise McGranahan, and Ana Maria Jara. Discussion ensued on the points covered during the presentation and on the public comments received from members of the public. With the consensus of Council, direction was given to staff, and on order of the Mayor, the information was received and filed. PROPOSITIONS 98 & 99 8-C: Resolution opposing Proposition 98 and supporting Proposition 99 -recommendation that Council adopt Resolution No. Councilmember Shriven was 10284 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA excused at 11:10 p. m. MONICA OPPOSING PROPOSITION 98: LIMITS ON GOVERNMENT AUTHORITY: RVITIATFVE CONSTITUTIONAL AMENDMENT; AND SUPPORTING PROPOSITION 99: EMINENT DOMAIN: ACQUISITION OFOWNER-OCCUPIED RESIDENCE CONSTITUTIONAL AMENDMENT"; direct staff to send copies of the resolution to appropriate State Government Officials; and direct staff to educate the public on these Council positions via the website and appropriate links to other government agencies, was presented. Member of the public Michael Tarbet spoke in support of the recommendation. Motion by Mayor Pro Tem Bloom, seconded by Mayor Katz, to approve recommendation and adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councihnembers Shriven, Holbrook COUNCIL ITEMS: 13-A: Request of Mayor Katz to direct staff to conduct Economic ECONOMIC & FISCAL and Fiscal Assessments for Potenfial November 2008 Ballot STUDY FOR PROPOSED Initiative Entitled "Residents' Initiative to Fight Traffic," was "RIFT" MEASURE presented. Members of the public Tom Larmore, Catherine Eldridge, Diana Gordon and Bruce Cameron spoke generally in support of the request and made suggestions for a complete study. 4 Apri129, 2008 Motion by Mayor Katz, seconded by Councilmember McKeown, to approve request to conduct an economic and fiscal assessment, including traffic impact and pros and cons to ascertain the effects of the proposed initiative on the city. Mayor Pro Tem Bloom advised he would like the study to reflect how the proposed measure "RIFT" will affect: availability for public services and infrastructure to support new households, the City's ability to retain businesses already located in the community if they need to expand; the willingness of new businesses to locate in Santa Monica; the eight funds that are monitored for purposes of the education joint use agreement; will the measure's proposed limit on development drive developments to other communities due to the unpredictability in the city's process; what will impact of a regional "RIFT" be on economies of the West side or in all of Los Angeles County; will there be an impact on business support or on the city's ability to bring light rail to Santa Monica or the subway to the sea; ability to demand or negotiate basic infrastructure requirements like signalization; ability to implement goals of the LUCE in general and specifically the paradigm shift to zero-net car trips; and, what other community benefits could be affected. Councilmember Genser advised that his preferred approach would be that the study reflect general categories, following some general umbrella instructions, reviewing what are the effects vs the cost benefit of the measure, and looking at the general subjects of economics, traffic, housing employment, infrastructure, quality of life, transportation, and sustainability. Councilmember McKeown advised he favored the study because such information would contribute to an informed electorate, but that his preference would be that a study show all implications so Council could see both sides of the impact; suggesting, therefore, that the study include investigation of the particular points raised int he letter Council received from the Santa Monica Coalition for a Livable City. Mayor Katz' motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councihnembers Shriver, Holbrook Apri129, 2008 REQUEST FOR 13-B: Request of Mayor Pro Tem Bloom that the Council TRAVEL FUNDS approve the use of City Council travel funds for the " Catalunya- California Conference on Tourism and Territory in the 21st Century" in Todos Santos, Mexico, May 16 -May 18, 2008. I have been invited to speak at the conference by its sponsor, ISOCARP (International Society of City and Regional Planners), on the subject of "Redesign of Cities with Relation to Tourism," was presented. ADJOURNMENT: Motion by Mayor Katz, seconded by Councilmember O'Connor, to approve request. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: Councilmembers Holbrook, Shriver On order of the Mayor, the City Council meeting was adjourned at 12:43 a.m., in memory of Mila Raino ATTEST: Maria M. Stew~~t City Clerk Mayor 6 Apri129, 2008